HBA-DMD H.B. 2617 76(R) BILL ANALYSIS Office of House Bill AnalysisH.B. 2617 By: Bosse Public Safety 7/30/1999 Enrolled BACKGROUND AND PURPOSE The Texas Board of Private Investigators and Private Security Agencies (board) was created in 1969 to license businesses and people in the private investigations and security industry. Over time the board's responsibilities have been expanded to include armored car companies, alarm system companies, guard dog companies, and courier services. Additionally, the board commissions security officers to carry firearms and to perform criminal history checks on all applicants. The board also establishes standards for licensure, commission, and registration; develops material for minimum required training or competency; approves schools and instructors to teach relevant courses; and administers examinations to qualified applicants. Prior to the 76th Legislature, the board was comprised of eight members and would have been abolished on September 1, 1999, unless continued by the legislature. H.B. 2617 renames the board as the Texas Commission on Private Security (board) and continues the board until September 1, 2009 and increases the number of board members. This bill sets out the conflicts of interest that prohibit persons from serving on the board and requires the board to revoke a registration, license, or security officer commission if the applicant, licensee, or commissioned security officer has been convicted of certain offenses. This bill also makes disciplinary action taken against a person open to the public. H.B. 2617 authorizes the board to waive prerequisites for persons seeking a license or registration who are already licensed in another jurisdiction. This bill authorizes the board to adopt rules regarding the method of payment of fees. It also requires the board by rule to establish minimum standards for handgun proficiency and requires the board to approve handgun instructors. Additionally, this bill requires the board to conduct a criminal history background check and to seek criminal history information maintained by the Federal Bureau of Investigation (FBI). H.B. 2617 establishes processes for renewing licenses and establishes a process for the imposition of an administrative penalty. This bill establishes the board as a criminal justice agency for the sole purpose of obtaining information from the FBI. RULEMAKING AUTHORITY It is the opinion of the Office of House Bill Analysis that rulemaking authority is expressly delegated to the Texas Commission on Private Security in SECTION 10 (Section 10B, Article 4413(29bb), V.T.C.S., (Private Investigators and Private Security Agencies Act)); SECTION 22 (Section 17A, Article 4413(29bb), V.T.C.S., (Private Investigators and Private Security Agencies Act)); SECTION 25 (Section 20, Article 4413(29bb), V.T.C.S., (Private Investigators and Private Security Agencies Act)); SECTION 26 (Section 20A, Article 4413(29bb), V.T.C.S., (Private Investigators and Private Security Agencies Act)); SECTION 33 (Section 46A, Article 4413(29bb), V.T.C.S., (Private Investigators and Private Security Agencies Act)); and that rulemaking authority previously delegated to the Texas Board of Private Investigators and Private Security Agencies is modified in SECTION 21 (Section 17, Article 4413(29bb), V.T.C.S., (Private Investigators and Private Security Agencies Act)) of this bill. SECTION BY SECTION ANALYSIS SECTION 1. Amends Section 1, Article 4413(29bb), V.T.C.S. (Private Investigators and Private Security Agencies Act), to authorize this Act to be cited as the Private Security Act. Makes conforming changes. SECTION 2. Amends Section 2, Article 4413(29bb), V.T.C.S. (Private Investigators and Private Security Agencies Act), by amending Subdivisions (1), (4), (5), (28) and (33), and by adding Subdivision (37), to modify the definition of "board," "guard company," "alarm systems company," "private security consultant," and "detection device," and to add the definition of "extra job coordinator." SECTION 3. Amends Section 3, Article 4413(29bb), V.T.C.S. (Private Investigators and Private Security Agencies Act), as follows: (a)(1) Makes conforming and nonsubstantive changes. Redesignates Subdivisions (19)-(32) to (18)-(31), respectively. (3) Sets forth that this Act does not apply to a person who has full-time employment as a peace officer who receives compensation for private employment on an individual or an independent contract basis as an extra job coordinator, if the officer meets certain criteria. (4) Sets forth that this Act does not apply to a person engaged exclusively in the business of obtaining and furnishing information for purposes of credit worthiness, collecting debts, or ascertaining the reliability of information provided by, rather than ascertaining the financial responsibility of, applicants for property, life, or disability insurance and for indemnity or surety bonds, with respect to persons, firms, and corporations. Makes conforming changes. (5) Sets forth that this Act does not apply to an attorney while engaged in the practice of law, rather than attorney at law in performing his duties. (9) Makes nonsubstantive changes. (12) Sets forth that this Act does not apply to a licensed, rather than registered, professional engineer practicing engineering or directly supervising engineering practice in accordance with the provisions of the Texas Engineering Practice Act, including forensic analysis, rather than forensic engineering studies, burglar alarm system engineering, and necessary data collection. (18) Deletes existing text which specifies that this Act does not apply to an expert witness. Sets forth that this Act does not apply to an officer, employee, or agent of a common carrier, as defined by Section 153, rather than 153(10), Communications Act of 1934 (47 U.S.C. Section 153, rather than U.S.C.A. Sec. 151 et seq.), and its subsequent amendments, while protecting the carrier or a user of the carrier's longdistance services from a fraudulent, unlawful, or abusive use of those long-distance services. (25) Sets forth that this Act does not apply to a charitable, nonprofit organization that provides medical alert services for persons who are sick or disabled, if the organization is exempt from federal taxation, under Section 501(a) of the Internal Revenue Code of 1986, rather than Section 501(c)(3), and its subsequent amendments, by being listed as an exempt entity under Section 501(c)(3) of that code. Makes conforming changes. (28) Sets forth that this Act does not apply to a charitable, nonprofit organization that maintains a system of records to aid in the location of missing children, if the organization is exempt from federal taxation under Section 501(a) of the Internal Revenue Code of 1986, rather than Section 501(c)(3), and its subsequent amendments, by being listed as an exempt entity under Section 501(c)(3) of that code. Makes conforming changes. (32) Sets forth that this Act does not apply to a person who is employed full-time by and is commissioned as a campus security personnel employee by a private institution of higher education under Section 51.212 (Security Officers at Private Institutions), Education Code. (33) Sets forth that this Act does not apply to a peace officer commissioned by an incorporated municipality who is hired under 51.212, Education Code, on a regular basis by a private institution of higher education while that peace officer is operating within the scope of the peace officer's employment with the institution of higher education. (f) Sets forth that this Act, notwithstanding Subsection (a)(1) of this section, applies to an individual who works at a location that is open to the public and in the course of employment regularly comes into contact with the public and wears a uniform with any type of badge commonly associated with security personnel or law enforcement or a patch or apparel with "security" or the name of the employer on the patch or apparel. SECTION 4. Amends Section 4(d), Article 4413(29bb), V.T.C.S. (Private Investigators and Private Security Agencies Act), to continue the Texas Commission on Private Security (board), rather than the Texas Board of Private Investigators and Private Security Agencies until September 1, 2009, rather than September 1, 1999. Makes a conforming change. SECTION 5. Amends Subchapter B, Article 4413(29bb), V.T.C.S. (Private Investigators and Private Security Agencies Act), by adding Section 4A and by amending Section 5, as follows: Sec. 4A. NAME CHANGE. Sets forth that the name of the Texas Board of Private Investigators and Private Security Agencies is changed to the Texas Commission on Private Security and a reference in this Act or other law to the Texas Board of Private Investigators and Private Security Agencies means the Texas Commission on Private Security. Sec. 5. New Title: COMMISSION MEMBERSHIP. Sets forth the composition of the board. Sets forth standard Sunset language regarding equal opportunity. Provides that the board's public members must be representatives of the general public. Modifies existing text to conform to standard Sunset language prohibiting conflicts of interest. Modifies existing text to conform to standard Sunset language regarding potential grounds for removal from the board. SECTION 6. Amends Subchapter B, Article 4413(29bb), V.T.C.S. (Private Investigators and Private Security Agencies Act), by adding Sections 5A, 5B, and 5C, as follows: Sec. 5A. EX OFFICIO BOARD MEMBER. Sets forth that the director of the Department of Public Safety (director of DPS) serves as an ex officio member of the board during the term of office of the director of DPS and has the same powers and duties as other board members. Authorizes the director of DPS to delegate the duty to represent the director on the board, to a personal representative from DPS. Sec. 5B. MEMBERSHIP AND EMPLOYEE RESTRICTIONS. Defines "Texas trade association." Sets forth standard Sunset language regarding prohibitions against conflicts of interest. Sec. 5C. TRAINING REQUIREMENTS. Sets forth standard Sunset language regarding board member training. SECTION 7. Amends Section 7, Article 4413(29bb), V.T.C.S. (Private Investigators and Private Security Agencies Act), to specify that the terms of three, rather than two, board members expire on January 31 of each odd-numbered year. Makes conforming and nonsubstantive changes. SECTION 8. Amends Sections 10, Article 4413(29bb), V.T.C.S. (Private Investigators and Private Security Agencies Act), by amending Subsections (d) and (e) and by adding Subsection (f), as follows: (d) Requires the director of the board (director) or the director's designee to provide to board members and to agency employees, as often as necessary, information regarding the requirements for office or employment under this Act, including a person's responsibilities under applicable laws relating to standards of conduct for state officers and employees. Makes conforming changes. (e) Requires the board to develop and implement policies, rather than adopt policies, that clearly separate the policymaking responsibilities of the board and the management responsibilities of the director and staff on the board, rather than clearly define the respective responsibilities of the governing body of the board and the staff of the board. (f) Authorizes the board to commission investigators that are employed full-time by the board as peace officers for the limited purpose of assisting the board in investigating alleged violations of this Act and of board rules. SECTION 9. Amends Sections 10A, Article 4413(29bb), V.T.C.S. (Private Investigators and Private Security Agencies Act), as follows: Sec. 10A. New Title: EQUAL EMPLOYMENT OPPORTUNITY; REPORT. Amends existing language to conform with standard Sunset language regarding equal opportunity and policy statements. SECTION 10. Amends Subchapter B, Article 4413(29bb), V.T.C.S. (Private Investigators and Private Security Agencies Act), by adding Section 10B, as follows: Sec. 10B. RULES AND POLICIES. Requires the board to adopt rules and general policies to guide the agency in the administration of this Act that must be consistent with this Act and other board rules adopted under this Act and with any other applicable law, state rule, or federal regulation. SECTION 11. Amends Sections 11(d) and (e), Article 4413(29bb), V.T.C.S. (Private Investigators and Private Security Agencies Act), as follows: (d) Requires the board to recognize, prepare, or administer continuing education programs for licensees, commissioned security officers, and registrants, rather than private investigators, regulated by the board under this Act. Provides that a licensee, commissioned security officer, or registrant must participate in the programs to the extent required by the board to keep the person's license, commission, or registration. Makes conforming changes. (e) Requires the board to develop and implement, rather than adopt, policies that provide the public with a reasonable opportunity to appear before the board and to speak on any issue under the jurisdiction of the board. SECTION 12. Amends Section 11B, Article 4413(29bb), V.T.C.S. (Private Investigators and Private Security Agencies Act), as follows: Sec. 11B. REVOCATION, SUSPENSION, AND SUMMARY SUSPENSION. (a) Provides Section 11E of this Act as an exception to the board's requirement to revoke, suspend, or refuse to renew a registration, license, or security officer commission, or administer a reprimand that the board is required to deliver to a registrant, licensee, or commissioned security officer; or to the board's authorization to place on probation a person whose registration, license, or security officer commission has been suspended on certain proof. Amends existing language regarding the proof. (b) Authorizes the board, subject to Section 11D of this Act, to summarily suspend a license, registration, or security officer commission issued under this Act upon receiving written notification from DPS or any other law enforcement agency that the individual has been arrested for or charged with a Class B misdemeanor or equivalent offense, rather than a misdemeanor involving moral turpitude, or a greater offense, rather than felony. Makes nonsubstantive changes. (c) Makes conforming changes. (d) Redesignated from Subsection (e). Deletes text specifying a conviction of a misdemeanor involving moral turpitude. (e) Entitles a person regulated under this Act against whom the board has taken action, except as provided by Section 11F and except for a summary denial of an application or a summary suspension, to a hearing before the State Office of Administrative Hearings. Provides that a proceeding under this subsection is a contested case that is governed by Chapter 2001 (Administrative Procedure), Government Code. Deletes text which provides that proceedings for the refusal, suspension, or revocation of a registration, license, or security officer commission or for the probation of a person are governed by Chapter 2001, Government Code. Makes conforming changes. (f) Authorizes the board to place on probation a person whose license is suspended. Authorizes the board, if a license suspension is probated, to require the person to report regularly to the board on matters that are the basis of the probation, to limit practice to the areas prescribed by the board, or to continue or review professional education until the person attains a degree of skill satisfactory to the board in those areas that are the basis of the probation. Deletes Subsection (g) which refers to a civil penalty for a suspended license. SECTION 13. Amends Subchapter B, Article 4413(29bb), V.T.C.S. (Private Investigators and Private Security Agencies Act), by adding Section 11E, as follows: Sec. 11E. REVOCATION OR REFUSAL FOR CERTAIN OFFENSES. Requires the board, with an exception, to revoke or refuse to renew a registration, license, or security officer commission if the applicant, licensee, registrant, or commissioned security officer has been convicted of a Class A misdemeanor or equivalent offense or a greater offense, or a Class B misdemeanor or equivalent offense if the fifth anniversary of the date of conviction has not occurred. Sec. 11F. APPEAL TO BOARD. Authorizes an applicant to appeal to the board the denial of a license, registration, or security officer commission application under certain conditions. Provides that a proceeding under this section is governed by Chapter 2001, Government Code and a hearing must be held at a regular meeting of the board. Authorizes the board, notwithstanding any other provision of this Act, to approve the application. SECTION 14. Amends Subchapter B, Article 4413(29bb), V.T.C.S. (Private Investigators and Private Security Agencies Act), by adding Section 11G, as follows: Sec. 11G. CONVICTION OF CERTAIN CRIMES. Sets forth that in this subchapter, a person is considered to be convicted of an offense that is a Class B misdemeanor or a greater or equivalent offense, if a court enters a judgment against the person for committing a Class B misdemeanor or a greater or equivalent offense, under the laws of this state, another state, or the United States, including a conviction: (1) in which a person is placed on, and subsequently discharged from, community supervision; and (2) for which a person is pardoned, unless a full pardon has been granted. SECTION 15. Amends Section 12(b), Article 4413(29bb), V.T.C.S. (Private Investigators and Private Security Agencies Act), to rename the chairman and vice-chairman as the presiding officer and assistant presiding officer. Amends existing language to conform to Sunset language regarding equal opportunity employment. Makes conforming and nonsubstantive changes. SECTION 16. Amends Subchapter B, Article 4413(29bb), V.T.C.S. (Private Investigators and Private Security Agencies Act), by adding Section 12B, as follows: Sec. 12B. PUBLIC ACCESS TO CERTAIN RECORDS OF DISCIPLINARY ACTIONS. (a) Requires the board to make available to the public through either a toll-free telephone number, Internet website, or other easily accessible medium determined by the board the following information relating to a disciplinary action taken during the preceding three years regarding a person regulated by the board: (1) the identity of the person; (2) the nature of the complaint that was the basis of the disciplinary action taken against the person; and (3) the disciplinary action taken by the board. (b) Requires the board, when providing the information, to present the information in an impartial manner, use language that is commonly understood, and, if possible, avoid jargon specific to the security industry. (c) Requires the board to update the information on a monthly basis. (d) Requires the board to maintain the confidentiality of information regarding the identification of a complainant. SECTION 17. Amends Section 13, Article 4413(29bb), V.T.C.S. (Private Investigators and Private Security Agencies Act), by adding Subsections (d), (e), and (f), as follows: (d) Prohibits a political subdivision from offering alarm system sales, service, installation, or monitoring, with certain exceptions. (e) Prohibits a political subdivision from advertising or soliciting monitoring services. (f) Provides that Subsections (d) and (e) of this section do not apply to a municipality with a population of less than 50,000. SECTION 18. Amends Section 14, Article 4413(29bb), V.T.C.S. (Private Investigators and Private Security Agencies Act), by amending Subsection (a) and adding Subsection (a-1), as follows: (a) Provides that an applicant for a license or the applicant's manager must not have been convicted of a Class A misdemeanor or equivalent or greater offense, rather than a misdemeanor involving moral turpitude within the previous seven years, in any jurisdiction unless a full pardon has been granted relating to the wrongful conviction. Provides that an applicant for a license or the applicant's manager must not have been convicted of a Class B misdemeanor or equivalent or greater offense within the previous five years in any jurisdiction unless a full pardon has been granted relating to the wrongful conviction. Redesignates existing Subdivisions (4)-(6) to Subdivisions (3)-(5), respectively. Makes conforming and nonsubstantive changes. (a-1) Authorizes the board to deny an application for a license if the applicant has been convicted of a Class B misdemeanor or equivalent or greater offense within the previous five years in any jurisdiction unless a full pardon has been granted relating to the wrongful conviction. SECTION 19. Amends Section 15, Article 4413(29bb), V.T.C.S. (Private Investigators and Private Security Agencies Act), by amending Subsections (a) and (c) and adding Subsection (g), as follows: (a) Modifies the requirements included in an application for a license under this Act. Makes conforming and nonsubstantive changes. (c) Requires, rather than authorizes, the board to require an applicant or the applicant's manager to demonstrate qualifications in the person's license field of classification, including knowledge of applicable state laws and board rules, by taking an examination to be determined by the board. Makes nonsubstantive changes. (g) Requires the board to develop, and provide to a person who applies to take the examination under Subsection (c) of this section, material containing all applicable state laws and board rules. SECTION 20. Amends Subchapter C, Article 4413(29bb), V.T.C.S. (Private Investigators and Private Security Agencies Act), by adding Sections 15A, 15B, 15C, and 15D, as follows: Sec. 15A. EXAMINATION RESULTS. (a) Requires the board, no later than 30 days after a person takes a licensing examination under this Act, to notify the person of the results of the examination. (b) Provides that if the examination is graded or reviewed by a testing service the board is required to notify the person of the results of the examination no later than 14 days after the board receives the results from the testing service, and if notice of the examination results will be delayed for longer than 90 days after the examination date, the board is required to notify the person of the reason for the delay before the 90th day. (c) Authorizes the board to require a testing service to notify a person of the results of the person's examination. (d) Requires the board to furnish the person with an analysis of the person's performance on the examination, if a person who fails a licensing examination makes a request in writing. Sec. 15B. RECIPROCAL LICENSE FOR CERTAIN FOREIGN APPLICANTS. Authorizes the board to waive any prerequisite to obtaining a license for an applicant who already holds a license issued by another jurisdiction which has a reciprocity agreement with this state. Authorizes the board to make an agreement with another state to allow for licensing by reciprocity, subject to the approval of the governor. Sec. 15C. PROVISIONAL LICENSE. (a) Provides conditions under which the board is authorized to issue a provisional license to an applicant who currently holds a license from another jurisdiction. (b) Provides that a provisional license is valid until the date the board approves or denies the provisional license holder's application for a license. Provides conditions under which the board is required to issue a license under this Act to the provisional license holder. (c) Provides that the board must approve or deny a provisional license holder's application for a license no later than 180 days after the provisional license is issued. Authorizes the board to extend the 180-day period if the results of an examination have not been received by the board before the end of that period. (d) Authorizes the board to establish a fee for provisional licenses in an amount reasonable and necessary to cover the cost of issuing the license. Sec. 15D. PROVISIONAL REGISTRATION. (a) Provides conditions under which the board is authorized to issue a provisional registration to an applicant who is currently registered in another jurisdiction and who is seeking an equivalent registration in this state. (b) Provides that a provisional registration is valid until the date the board approves or denies the provisional registration holder's application for a registration. Requires the board to issue a registration under this Act to the provisional registration holder if the provisional registration holder is eligible to be registered under this Act. (c) Provides that the board must approve or deny a provisional registration holder's application for a registration no later than 180 days after the provisional registration is issued. Authorizes the board to extend the 180-day period if the results of an examination have not been received by the board before the end of that period. (d) Authorizes the board to establish a fee for provisional registration in an amount reasonable and necessary to cover the cost of issuing the registration. SECTION 21. Amends Sections 17(a) and (d), Article 4413(29bb), V.T.C.S. (Private Investigators and Private Security Agencies Act), as follows: (a) Requires the board by rule, if the General Appropriations Act does not specify the amount of the fee, to establish reasonable and necessary fees that produce funds sufficient for the administration of this Act but that do not produce unnecessary fund balances and do not exceed $25 for a renewal fee for a noncommissioned security officer, $250, rather than $225, for Class A license, $300, rather than $225, for a Class B license, $440, rather than $340, for a Class C license, $200, rather than $150, for branch office certificate and renewal, $25, rather than $35, for a registration fee for noncommissioned security officer, $50, rather than $20, for a registration fee for an owner, officer, partner, or shareholder of a licensee, $50, rather than $35, for a security officer commission fee, $300, rather than $225, for a letter of authority fee for private businesses and political subdivisions, and $225 for a letter of authority renewal fee for private businesses and political subdivisions. (d) Deletes an exception to the provision stating that registration as a private investigator, manager, branch office manager, alarm systems installer, security consultant, security sales person, alarm systems monitor, or dog trainer is valid for two years from the date of registration. Provides that registration as a noncommissioned security officer is valid for two, rather than four, years from the date of registration. SECTION 22. Amends Subchapter C, Article 4413(29bb), V.T.C.S. (Private Investigators and Private Security Agencies Act), by adding Section 17A, as follows: Sec. 17A. PAYMENT OF FEES AND FINES. Authorizes the board to adopt rules regarding the method of payment of a fee or a fine assessed under this Act. Authorizes the rules to authorize the use of electronic funds transfer or a valid credit card issued by a financial institution that is chartered by a state or the federal government or by a nationally recognized credit organization approved by the board. Authorizes the rules to require the payment of a discount or a reasonable service charge for a credit card payment in addition to the fee or the fine. SECTION 23. Amends Section 18(b), Article 4413(29bb), V.T.C.S. (Private Investigators and Private Security Agencies Act), as follows: (b) Specifies that a person must pass a written examination required by Section 15(c) of this Act and that none of the facts stated in Section 11B(a) or 11E, of this Act regarding violations or convictions exist as to the person, before acting as a manager or a licensee. Makes conforming and nonsubstantive changes. SECTION 24. Amends Sections 19(l), Article 4413(29bb), V.T.C.S. (Private Investigators and Private Security Agencies Act), to authorize the holder of a security officer commission who terminates his employment with one employer to transfer his security officer commission to a new employer, if no later than 14, rather than 10, days after the holder begins new employment, the new employer notifies the board of the transfer of employment on a form prescribed by the board, accompanied by the employee information update fee. SECTION 25. Amends Section 20, Article 4413(29bb), V.T.C.S. (Private Investigators and Private Security Agencies Act), as follows: Sec. 20. TRAINING PROGRAMS. (a) Requires the board to establish a basic training course for commissioned security officers. Sets minimum requirements for the course. (b) Redesignated from Subsection (a). (c) Redesignated from Subsection (b). Makes a conforming change. (d) Provides that the general security officer training portion of the course must include instruction on board rules and applicable state laws, along with other specifics of the curriculum. Deletes text requiring the course to include legal limitations on the use of firearms and the powers and authority of a security officer, range firing and procedure, and firearms safety and maintenance. Redesignated from Subsection (b). (e) Requires the board to develop a commissioned security officer training manual that contains applicable state laws and board rules to be used in the instructing and training of commissioned security officers. Redesignated from Subsection (c). (f) Redesignated from Subsection (d). (g) Prohibits the board from issuing a security officer commission to an applicant employed by a licensee unless the applicant submits evidence satisfactory to the board that the applicant has completed the basic training course at a school under an instructor approved by the board and has achieved the score required by the board on the examination under Section 20B of this Act. Deletes text prohibiting the applicant from receiving a security officer commission unless the applicant satisfies firearm training. Redesignated from Subsection (e). Makes conforming and nonsubstantive changes. (h) Deletes text relating to the board's requirement for an applicant to demonstrate firearm proficiency. Redesignated from Subsection (f). Makes a conforming change. (i) Redesignated from Subsection (g). (j) Provides that the handgun proficiency course must include at least 10 hours and not more than 15 hours of instruction on the laws that relate to weapons and to the use of deadly force; handgun use, proficiency, and safety; nonviolent dispute resolution; and proper storage practices for handguns, with an emphasis on storage practices that eliminate the possibility of accidental injury to a child. (k) Provides that the range instruction on handgun proficiency must include an actual demonstration by the applicant of the applicant's ability to safely and proficiently use a handgun. Provides that the applicant must demonstrate, at a minimum, the degree of proficiency that is required to effectively operate a 9-millimeter or .38-caliber handgun. (l) Requires the board by rule to establish minimum standards for handgun proficiency that are at least as stringent as the standards for handgun proficiency developed by the public safety director under Section 411.188 (Handgun Proficiency Requirement), Government Code. SECTION 26. Amends Subchapter C, Article 4413(29bb), V.T.C.S. (Private Investigators and Private Security Agencies Act), by adding Sections 20A and 20B, as follows: Sec. 20A. CONTINUING EDUCATION COURSE IN HANDGUN PROFICIENCY. Requires the board, by rule, to develop a continuing education course in handgun proficiency required for renewal of a security officer commission. Authorizes only a board-approved instructor to administer the continuing education course. Sets provisions for the course. Sec. 20B. HANDGUN PROFICIENCY EXAMINATION. Authorizes only a board-approved instructor to administer the handgun proficiency examination required to obtain or to renew a security officer commission. Sets provisions for the examination. SECTION 27. Amends Section 36, Article 4413(29bb), V.T.C.S. (Private Investigators and Private Security Agencies Act), as follows: Sec. 36. New Title: POCKET CARD. Provides that a pocket card issued to any individual, rather than to the individual's employer, is valid for two years. Requires a pocket card for an owner, officer, partner, or shareholder of a license holder to be issued to the license holder. Deletes text requiring a pocket card to be issued to a noncommissioned security officer for a period of four years. Deletes text referring to the renewal of a pocket card. Makes a nonsubstantive change. SECTION 28. Amends Subchapter C, Article 4413(29bb), V.T.C.S. (Private Investigators and Private Security Agencies Act), by adding Section 36A, as follows: Sec. 36A. REGISTRATION RENEWAL. (a) Authorizes a person who is otherwise eligible to renew a registration to renew an unexpired registration by paying the required renewal fee to the board before the expiration date of the registration. Prohibits a person whose registration has expired from engaging in activities that require a registration until the registration has been renewed. (b) Authorizes a person whose registration has been expired for 90 days or less to renew the registration by paying to the board a renewal fee that is equal to one and a half times the normally required renewal fee. (c) Authorizes a person whose registration has been expired for more than 90 days but less than one year to renew the registration by paying to the board a renewal fee that is equal to two times the normally required renewal fee. (d) Prohibits a person whose registration has been expired for one year or more from renewing the registration. Authorizes the person to obtain a new registration by complying with the requirements and procedures, including any examination required by the board, for obtaining an original registration. (e) Authorizes a person who was registered in this state, moved to another state, and is still registered and has been in practice in the other state for the two years prior to the date of application to obtain a new registration without reexamination. Provides that the person must pay to the board a fee that is equal to two times the normally required renewal fee for the registration. (f) Requires the board, no later than 30 days before a person's registration is scheduled to expire, to send written notice of the impending expiration to the person at the person's last known address according to the records of the board. SECTION 29. Amends Section 37, Article 4413(29bb), V.T.C.S. (Private Investigators and Private Security Agencies Act), as follows: Sec. 37. New Title: POCKET CARD TRANSFER. Authorizes an individual who is registered with the board, rather than as a noncommissioned security officer, to transfer the registration from one employer to another employer if, no later than 14, rather than 10, days after the registrant begins new employment, the new employer notifies the board of the transfer of employment on a form prescribed by the board accompanied by the employee information update fee. Deletes text relating to an employee returning a pocket card after terminating employment. SECTION 30. Amends Subchapter C, Article 4413(29bb), V.T.C.S. (Private Investigators and Private Security Agencies Act), by adding Section 39A, as follows: Sec. 39A. CRIMINAL HISTORY CHECK. (a) Requires the board to conduct a criminal history check, including a check of any criminal history record information maintained by the Federal Bureau of Investigation (FBI), in the manner provided by Subchapter F (Criminal History Record Information), Chapter 411 (Department of Public Safety of the State of Texas), Government Code, on each applicant for a license, registration, security officer commission, letter of approval, permit, or certification. Provides that an applicant is not eligible for a license, registration, commission, letter of approval, permit, or certification if the check reveals that the applicant has committed an act that constitutes grounds for the denial of the license, registration, commission, letter of approval, permit, or certification. Requires each applicant to include in the application two complete sets of fingerprints on forms prescribed by the board accompanied by the fee set by the board. (b) Provides that, before beginning employment as a commissioned security officer, the applicant must be approved by the board based on the results of the check conducted under Subsection (a) of this section. Provides that, to continue employment in a capacity regulated under this Act other than as a commissioned security officer, the applicant must be approved by the board based on the results of the check conducted under Subsection (a) of this section no later than 120 days after the applicant begins employment in that capacity. (c) Provides that a license, registration, security officer commission, letter of approval, permit, or certification issued by the board is conditional on the board's receipt of criminal history record information. SECTION 31. Amends Section 44, Article 4413(29bb), V.T.C.S. (Private Investigators and Private Security Agencies Act), by adding Subsections (h) and (i), setting forth that a person commits a state jail felony offense if the person contracts with or is employed by a bondsman as defined by Chapter 550, Acts of the 63rd Legislature, Regular Session, 1973 (Article 2372p-3, V.T.C.S.), to secure the appearance of a person who has violated Section 38.10 (Bail Jumping and Failure to Appear), Penal Code, unless the person is a peace officer; an individual licensed as a private investigator or the manager of a licensed investigations company; or a commissioned security officer employed by a licensed guard company. SECTION 32. Amends Subchapter D, Article 4413(29bb), V.T.C.S. (Private Investigators and Private Security Agencies Act), by adding Section 45A, as follows: Sec. 45A. LICENSE RENEWAL. (a) Authorizes a person, who is otherwise eligible to renew a license, to renew an unexpired license by paying the required renewal fee to the board before the expiration date of the license. Prohibits a person whose license has expired from engaging in activities that require a license until the license has been renewed. (b) Authorizes a person whose license has been expired for 90 days or less to renew the license by paying to the board a renewal fee that is equal to one and a half times the normally required renewal fee. (c) Authorizes a person whose license has been expired for more than 90 days but less than one year to renew the license by paying to the board a renewal fee that is equal to two times the normally required renewal fee. (d) Prohibits a person whose license has been expired for one year or more from renewing the license. Authorizes the person to obtain a new license by complying with the requirements and procedures, including the examination requirements, for obtaining an original license. (e) Authorizes a person who was licensed in this state, moved to another state, and is still licensed and has been in practice in the other state for the two years preceding the date of application to obtain a new license without reexamination. Provides that the person must pay to the board a fee that is equal to two times the normally required renewal fee for the license. (f) Requires the board, no later than 30 days before a person's license is scheduled to expire, to send written notice of the impending expiration to the person at the person's last known address according to the records of the board. SECTION 33. Amends Subchapter D, Article 4413(29bb), V.T.C.S. (Private Investigators and Private Security Agencies Act), by adding Section 46A, as follows: Sec. 46A. STAGGERED RENEWAL; PRORATION OF LICENSE FEE. Authorizes the board, by rule, to adopt a system under which licenses expire on various dates during the year. Requires the board, for the year in which the license expiration date is changed, to prorate license fees on a monthly basis so that each license holder pays only that portion of the license fee that is allocable to the number of months during which the license is valid. Provides that on renewal of the license on the new expiration date, the total license renewal fee is payable. SECTION 34. Amends Section 49, Article 4413(29bb), V.T.C.S. (Private Investigators and Private Security Agencies Act), as follows: Sec. 49. New Title: NOTIFICATION OF CONVICTION FOR CERTAIN OFFENSES. Requires DPS to notify the board, and the police department and the sheriff's department of the city and county in which, rather than wherein, any person licensed, commissioned, or registered under this Act resides, of the conviction of such person for a Class B misdemeanor or equivalent offense or a greater offense, rather than a felony or a crime involving moral turpitude. Makes conforming and nonsubstantive changes. SECTION 35. Amends Section 50A, Article 4413(29bb), V.T.C.S. (Private Investigators and Private Security Agencies Act), as follows: Sec. 50A. COMPLAINTS. (a) Requires the board to maintain a file on each written complaint filed with the board. Specifies guidelines for the complaint file. Deletes the provision requiring the board to keep an information file about each complaint filed with the board relating to a person regulated by the board. (b) Requires the board to provide to the person filing the complaint a copy of the board's policies and procedures relating to complaint investigation and resolution. (c) Requires the board, unless it would jeopardize an undercover investigation, to provide to each person who is a subject of the complaint a copy of the board's policies and procedures relating to complaint investigation and resolution. (d) Requires the board, at least quarterly until final disposition of the complaint, to notify the person filing the complaint and each person who is a subject of the complaint of the status of the investigation unless the notice would jeopardize an undercover investigation. Deletes the provision requiring the board, if a written complaint is filed with the board relating to a person regulated by the board, at least as frequently as quarterly, to notify the parties to the complaint of the status of the complaint until final disposition unless the notification would jeopardize an undercover investigation. SECTION 36. Amends Article 4413(29bb), V.T.C.S. (Private Investigators and Private Security Agencies Act), by adding Subchapter E, as follows: SUBCHAPTER E. ADMINISTRATIVE PENALTY Sets forth standard Sunset language regarding the imposition of an administrative penalty on a person who violates this Act or a rule or order adopted under this Act. Sets forth standard Sunset language regarding the payment and collection of the administrative penalty, and the ability of the penalized person to petition for administrative judicial review. SECTION 37. Amends Article 2.12, Code of Criminal Procedure, to include board investigators commissioned by the board under Section 10(f), Article 4413(29bb), V.T.C.S. (Private Investigators and Private Security Agencies Act), among those who are peace officers. SECTION 38. Amends Section 411.042(b), Government Code, as follows: (b) Requires the bureau of identification and records to maintain a list of all previous background checks for applicants for any position regulated under the Private Investigators and Private Security Agencies Act (Article 4413(29bb),V.T.C.S.) who have undergone a criminal history background check under Section 411.119 (Access to Criminal History Record Information: Texas Board of Private Investigators and Private Security Agencies), if the check indicates a Class B misdemeanor or an equivalent or greater offense. Requires information in the law enforcement information system relating to an active protective order to include the residence address and place of employment or business of the person protected by the order, unless that information is excluded from the order under Section 85.007 (Confidentiality of Certain Information), rather than Section 71.111 (Repealed), Family Code. Makes conforming changes. SECTION 39. Section 411.119, Government Code, is amended to read as follows: Sec. 411.119. New Title: ACCESS TO CRIMINAL HISTORY RECORD INFORMATION: TEXAS COMMISSION ON PRIVATE SECURITY. Entitles the board to obtain criminal history record information maintained by DPS, and information maintained under Section 411.042(b) that relates to: (1) an applicant for a letter of approval, permit, or handgun instructor certification, in addition to an applicant for a license, registration, or security officer commission under Article 4413(29bb), V.T.C.S. (Private Investigators and Private Security Agencies Act); or (2) a person who holds a license, registration, security officer commission, letter of approval, permit, or handgun instructor certification under Article 4413(29bb), V.T.C.S. (Private Investigators and Private Security Agencies Act), rather than an applicant for a position regulated under that Act. Makes conforming changes. SECTION 40. Sets forth procedures for establishing the Texas Commission on Private Security, rather than Texas Board of Private Investigators and Private Security Agencies, as a criminal justice agency with the United States Department of Justice for the sole purpose of directly obtaining criminal history records maintained by the FBI. Requires the board, if the board is recognized as a criminal justice agency, to submit requests on criminal history records to the FBI rather than submitting requests to DPS. Provides that if the board is not recognized as a criminal justice agency this section has no effect. SECTION 41. Sets forth the appointments of board members by the governor. SECTION 42. Sets forth additional aspects of the appointments of board members by the governor. SECTION 43. Makes this Act inapplicable to serving members of the board who were appointed before the effective date for the remainder of the members' term. Provides that this Act not prohibit a board member's reappointment to the board, if the board member meets the qualifications required under this Act. SECTION 44. (a) Requires the State Office of Administrative Hearings, on and after January 1, 2000, to assume responsibility for hearings, other than on any summary suspension or summary denial of applications, held with respect to contested cases arising under Article 4413(29bb), V.T.C.S. (Private Investigators and Private Security Agencies Act), and the chief administrative law judge of the State Office of Administrative Hearings is authorized to agree to a transfer of contested cases pending before the board to the State Office of Administrative Hearings before January 1, 2000. (b) Provides that this Act does not require a transfer of any personnel from the board to the State Office of Administrative Hearings. SECTION 45. Makes application of Sections 11B and 11E, Article 4413(29bb), V.T.C.S., as amended and added, respectively, by this Act prospective, as they apply to disciplinary action. SECTION 46. Makes application of Section 11F, Article 4413 (29bb), V.T.C.S., as added by this Act prospective, as it applies to an application. SECTION 47. Makes application of Sections 14(a) and 14(a-1), Article 4413 (29bb), V.T.C.S., as added by this Act prospective, as they apply to a license application. SECTION 48. Makes application of Section 17, Article 4413 (29bb), V.T.C.S., as amended by this Act prospective, as it applies only to a noncommissioned security officer registration. SECTION 49. Makes application of Section 20, Article 4413 (29bb), V.T.C.S., as amended by this Act prospective, as it applies only to an application for a security officer commission. SECTION 50. Makes application of Section 36, Article 4413 (29bb), V.T.C.S., as amended by this Act prospective, as it applies to a pocket card. SECTION 51. Makes application of Sections 36A and 45A, Article 4413 (29bb), V.T.C.S., as added by this Act prospective, as they apply to the renewal of a license or registration. SECTION 52. Makes application of Section 39A, Article 4413 (29bb), V.T.C.S., as added by this Act prospective, as it applies to a request for a criminal history record. SECTION 53. Makes application of Sections 44(h) and (i), Article 4413 (29bb), V.T.C.S., as added by this Act prospective, as they apply to an offense committed. SECTION 54. Makes application of Subchapter E, Article 4413 (29bb), V.T.C.S., as added by this Act prospective, as it applies to a violation of this Act or rule or order adopted under this Act. SECTION 55. Repealer: Section 9 (Designated Representatives), Article 4413(29bb), V.T.C.S. (Private Investigators and Private Security Agencies Act). Repealer: Sections 15(e) and (f) (relating to notification of a person concerning a licensing examination), Article 4413(29bb), V.T.C.S. (Private Investigators and Private Security Agencies Act). Repealer: Sections 19(g), (h), and (j) (relating to the issuance of a commission over the objections of a sheriff or chief of police and notification of the board of termination of employment), Article 4413(29bb), V.T.C.S. (Private Investigators and Private Security Agencies Act). Repealer: Section 33(c) and (d) (relating to the issuance of a commission over the objections of a sheriff or chief or police), Article 4413(29bb), V.T.C.S. (Private Investigators and Private Security Agencies Act). Repealer: Section 38 (Cancellation of Certain Pocket Cards), Article 4413(29bb), V.T.C.S. (Private Investigators and Private Security Agencies Act). Repealer: Section 39 (Criminal History Background Checks), Article 4413(29bb), V.T.C.S. (Private Investigators and Private Security Agencies Act). Repealer: Section 41 (Action on Bonds to Recover Damages), Article 4413(29bb), V.T.C.S. (Private Investigators and Private Security Agencies Act). Repealer: Section 43 (Cash Deposited in Lieu of Surety Bond), Article 4413(29bb), V.T.C.S. (Private Investigators and Private Security Agencies Act). Repealer: Section 45(c)-(i) (relating to the expiration and renewal of a license), Article 4413(29bb), V.T.C.S. (Private Investigators and Private Security Agencies Act). Repealer: Section 46 (Expiration Dates of Licenses; Proration of Fees), Article 4413(29bb), V.T.C.S. (Private Investigators and Private Security Agencies Act). SECTION 56.Effective date: September 1, 1999. SECTION 57.Emergency clause.